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The northern boundary was settled by the treaty of peace in 1783 and by the commission under the sixth article of the treaty of Ghent. (Vide p. 11.)

The boundary between New York and New Jersey was plainly stated in the grant by the Duke of York to Berkeley and Carteret. (Vide New Jersey, p. 83.)

In 1719 attempts were made to have the line run and marked, but nothing seems to have been done to settle the matter permanently till 1769, when commissioners were appointed by the King, who fixed on substantially the present line. (Vide R. S. N. J., 1821, pp. 29–34.)

. In 1772 this line was confirmed by the legislatures of both colonies, and commissioners were appointed to survey and mark the same.

This line was as follows, viz:

A direct and straight line from the fork or branch formed by the junction of the stream or waters called the Machackamack with the river Delaware or Fishkill, in the latitude of 41° 21' 37", to a rock on the west side of the Hudson River, marked by the said surveyors, in the latitude of 41°—said rock was ordered to be marked with the following words and figures, viz: “Latitude 41° north;” and on the south side thereof, “New Jersey;"' and on the north side thereof, “New York;" also to mark every tree that stood on the line with five notches and a blaze on the northwest and southeast sides thereof, and to put up stone monuments, at 1 mile distance from each other, along the said line, and to number such monuments with the number of miles; the same shall be from the before-mentioned marked rock on the west side of Hudson's River, and mark the words “New Jersey” on the south side and the words “ New York” on the north side of every of the said monuments. (See R. S. of N. J., 1821, pp. 29–34.)

The above was confirmed by the King in council September 1, 1773.

In the year 1833 commissioners were appointed by New York and New Jersey for the settlement of the territorial limits and jurisdiction of the two States.

In the following year the commissioners made the following agreement, which was ratified by each State and confirmed by Congress, viz:

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UNITED STATES STATUTES AT LARGE.

TWENTY-THIRD CONGRESS, SESSION I.

1834.

AN ACT giving the consent of Congress to an agreement or compact entered into between the State

of New York and the State of New Jersey, respecting the territorial limits and jurisdiction of said States,

ARTICLE FIRST. The boundary line between the two States of New York and New Jersey, from a point in the middle of Hudson River, opposite the point on the west shore thereof, in the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said river, of the bay of New York, of the waters between Staten Island and New Jersey and of Raritan Bay, to the main sea, except as hereinafter otherwise particularly mentioned.

ARTICLE SECOND. The State of New York shall retain its present jurisdiction of and over Bedloe's and Ellis's islands, and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned and now under the jurisdiction of that State.

ARTICLE THIRD. The State of New York shall have and enjoy exclusive jurisdiction of and over all the waters of Hudson River lying west of Manhattan Island and to the south of the mouth of Spuytenduyvel Creek, and of and over the lands covered by the said waters to the low-water mark on the westerly or New Jersey side thereof, subject to the following rights of property and of jurisdiction of the State of New Jersey; that is to say:

1. The State of New Jersey shall have the exclusive right of property in and to the land under water lying west of the middle of the bar of New York and west of the middle of that part of the Hudson River which lies between Manhattan Island and New Jersey.

2. The State of New Jersey shall have the exclusive jurisdiction of and over the wharves, docks, and improvements made and to be made on the shore of the said State, and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessels shall be subject to the quarantine or health laws and laws in relation to passengers of the State of New York which now exist or which may hereafter be passed.

3. The State of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of said waters: Provided, That the navigation be not obstructed or hindered.

ARTICLE FOURTH. The State of New York shall have exclusive jurisdiction of and over the waters of the Kill Von Kull between Staten Island and New Jersey to the westernmost end off Shorter's Island in respect to such quarantine laws and laws relating to passengers as now exist or may hereafter be passed under the authority of that State, and for executing the same; and the said State shall also have exclusive jurisdiction for the like purposes of and over the waters of the Sound from the westernmost end of Shorter's Island to Woodbridge Creek as to all vessels bound to any port in the said State of New York.

ARTICLE FIFTH. The State of New Jersey shall have and enjoy exclusive jurisdiction of and over all the waters of the Sound between Staten Island and New Jersey lying south of Woodbridge Creek, and of and over all the waters of Raritan Bay lying westward of a line drawn from the light-house at Prince's Bay to the mouth of Mattavan Creek, subject to the following rights of property and of jurisdiction of the State of New York; that is to say:

1. The State of New York shall have the exclusive right of property in and to the land under water lying between the middle of the said waters and Staten Island.

2. The State of New York shall have the exclusive jurisdiction of and over the wharves, docks, and improvements made and to be made on the shore of Staten Island, and of and over all vessels aground on said shore or fastened to any such wharf or dock, except that the said vessels shall be subject to the quarantine or health laws and laws in relation to passengers of the State of New Jersey which now exist or which may hereafter be passed.

3. The State of New York shall have the exclusive right of regulating the fisheries between the shore of Staten Island and the middle of said waters: Provided, That the navigation of the said waters be not obstructed or hindered.

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In 1876 commissioners were appointed to relocate the land boundary between New York and New Jersey, and replace monuments that may have become dilapidated or removed, or to erect new ones, etc. (Vide Rev. of N. J., 1877.)

The above commissioners found in some cases a slight discrepancy between the original marks and the verbal description thereof, and the legislatures of each State ordered that the original monuments should be considered the true boundary. (See acts of New York, 1880, and acts of New Jersey, 1881.)

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